Child Protective Services FAQ
1. A CPS worker has called me and wants to meet with me to talk about my children. What do I do?
You need to cooperate. If you don’t cooperate, CPS will infer that you are attempting to hide something. Try to get some information from CPS about what they wish to discuss with you. Chances are, you probably know why they want to talk to you. Consult a lawyer and have legal counsel with you when you are interviewed. If you do not have time to obtain counsel and must participate in the interview, follow these guidelines.
- Be polite and helpful
- Show concern for your children
- Listen more than you speak
- Ask for exact information from CPS, they will often use phrases such as “we have concerns” or “it has been alleged” or “we believe”
- DO NOT GUESS about your answers to any CPS questions
- DO NOT GUESS about what other people knew or didn’t know
- DO NOT SAY the following, “he would never do such a thing” “I don’t believe that happened” “my child is telling a lie”
- Be able to clearly explain how your home is a safe home for your children
- Be able to provide positive references who have frequent contact with you and your children
- Do not lose your temper
- At the end of the conversation ask the CPS worker to summarize her discussion with you, her findings, any actions she is considering taking and her reasons for taking those actions.
2. Do I need to have an attorney with me whenever I meet with CPS?
CPS workers do not like lawyers. Unfortunately, a lawyer who is not familiar with CPS and takes the wrong approach in dealing with CPS may do you more harm than good. An experienced CPS lawyer can help to clarify the issues, present your case in a positive manner, and minimize the risk of your children being taken into foster care.
3. CPS wants me to bring my children to their offices for a meeting. What should I do?
This is a setup. NEVER, EVER take your children to CPS offices without your lawyer right beside you. This tactic is used by CPS to get you to surrender the children to them at there offices instead of them going to the effort of removing the children from your home. To summarize, take your children with you to CPS and chances are you’ll be going home alone.
4. CPS wants me to sign a “Safety Plan” or they are going to take my children into foster care. What should I do?
A Safety Plan tells you that you have to follow certain rules to keep your children with you in the home. For instance, in many cases, the Safety Plan will instruct you to remove an alleged abuser from your home, or to clean your home, or to participate in counseling. You must ask yourself whether you can follow the Safety Plan – if you can’t then you are at risk of having your children removed. You must make sure that both you and CPS understand what exactly the Safety Plan tells you to do or not do. Many children are removed each year because CPS interpreted the Safety Plan differently than the parent did. Ask CPS when does the Safety Plan expire. If no expiration date is given, then you are forever at risk of having your children removed. As always, try to review the Safety Plan with a lawyer before you sign it.
5. CPS wants me to separate from my husband or wife and to keep my children away from him/her. What should I do?
Just do it. CPS always believes that sexual abuse has occurred, no matter what the facts and logic suggest, and that children always know what they are talking about. The problem is that if you question any of the facts, your child will be out of your home. It is a difficult situation, but you must ALWAYS choose your child over your spouse.
6. CPS has done an “Emergency Removal” and placed my children into foster care. What should I do?
Find out as much as you can about why the children were taken into foster care. Ask questions, but volunteer little information at this point. Be helpful. Tell the CPS worker what your child likes and doesn’t like, and inform her of any medications your child might be taking or other special needs he or she might have. Ask for a visit with your child. Typically, you will get a one hour visit one time a week. Do not threaten the CPS worker and try not to show too much anger. If the CPS worker feels threatened by you or senses that you are “unstable” it will only hurt your chances of getting your child home. Suggest relatives who would be willing to have temporary possession of your child. Try to make arrangements to get your child some of his toys, clothing, and other possessions that will make him feel more secure while in foster care.
Click here to continue reading – Child Protective Services FAQ’s Part 2 of 2
